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Perpetual Trademark License for Canada

Perpetual Trademark License Template for Canada

A comprehensive legal agreement governed by Canadian law that grants permanent rights to use specified trademarks while maintaining the original owner's intellectual property rights. This document establishes the framework for long-term trademark usage, including quality control measures, usage guidelines, and compliance with Canadian trademark legislation. It includes detailed provisions for protecting the trademark's integrity, maintaining its value, and ensuring proper usage across specified territories, while addressing both parties' rights and obligations under Canadian federal and provincial laws.

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Perpetual Trademark License

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What is a Perpetual Trademark License?

This document serves as a crucial legal instrument for businesses seeking to establish permanent trademark licensing arrangements under Canadian jurisdiction. A Perpetual Trademark License is particularly valuable when parties wish to create a lasting brand relationship without the need for periodic renewals. It's commonly used in business expansions, strategic partnerships, or long-term commercialization strategies where the licensee requires ongoing, assured access to the trademark. The agreement must comply with Canadian trademark law requirements, particularly regarding quality control provisions to maintain the mark's validity. It includes comprehensive terms covering usage rights, territories, quality standards, and protection measures, making it suitable for both domestic Canadian operations and international business arrangements where Canadian law applies.

What sections should be included in a Perpetual Trademark License?

1. Parties: Identification of the licensor and licensee, including full legal names, addresses, and incorporation details

2. Background: Context of the agreement, including trademark ownership details and the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Marks', 'Territory', and 'Licensed Products/Services'

4. Grant of License: Scope of the perpetual license, including territory, exclusivity/non-exclusivity, and permitted uses

5. Quality Control: Standards and procedures for maintaining the quality of products/services associated with the trademark

6. Usage Guidelines: Specific requirements for trademark usage, including format, placement, and prohibited uses

7. Ownership and Goodwill: Confirmation of licensor's ownership and provisions regarding goodwill accrual

8. Royalties and Payments: Financial terms, including any one-time fees or ongoing royalties

9. Representations and Warranties: Parties' assertions regarding trademark ownership, right to license, and other material facts

10. Term and Termination: Confirmation of perpetual nature and any termination conditions for breach

11. Infringement: Procedures for dealing with third-party infringement and cooperation requirements

12. Governing Law: Specification of Canadian law and jurisdiction

13. General Provisions: Standard clauses including notices, amendments, assignment, and severability

What sections are optional to include in a Perpetual Trademark License?

1. Sublicensing Rights: Include when licensee is permitted to sublicense the trademark to third parties

2. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be imposed

3. Insurance: Include when specific insurance requirements are needed for high-risk products/services

4. Audit Rights: Include when licensor requires right to audit licensee's quality control or financial records

5. Export Control: Include when licensed products may be subject to export regulations

6. Language Requirements: Include when trademark usage involves Quebec or federal institutions requiring bilingual provisions

7. Data Protection: Include when trademark usage involves collection or processing of personal data

What schedules should be included in a Perpetual Trademark License?

1. Schedule A - Licensed Marks: Detailed list of all licensed trademarks, including registration numbers and images

2. Schedule B - Licensed Products/Services: Comprehensive list of products/services covered by the license

3. Schedule C - Quality Control Standards: Detailed quality control requirements and procedures

4. Schedule D - Trademark Usage Guidelines: Visual guidelines and specifications for trademark usage

5. Schedule E - Territory Definition: Detailed description of geographic territories covered by the license

6. Appendix 1 - Fee Schedule: Detailed breakdown of any applicable fees or royalties

7. Appendix 2 - Approval Procedures: Step-by-step procedures for obtaining licensor approval for new uses

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions





























Clauses





























Relevant Industries

Retail

Consumer Goods

Fashion and Apparel

Food and Beverage

Technology

Manufacturing

Entertainment

Sports

Healthcare

Automotive

Hospitality

Professional Services

Media and Publishing

Telecommunications

Software and Digital Products

Relevant Teams

Legal

Intellectual Property

Brand Management

Marketing

Business Development

Commercial Operations

Compliance

Corporate Affairs

Licensing Operations

Risk Management

Relevant Roles

Chief Legal Officer

Intellectual Property Counsel

Brand Manager

Licensing Director

Commercial Contracts Manager

General Counsel

Trademark Attorney

Business Development Director

Chief Executive Officer

Chief Marketing Officer

Franchise Development Manager

Legal Operations Manager

Corporate Counsel

Intellectual Property Manager

Brand Protection Officer

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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